Returning To The Workplace – Risk Assessments & Being Covid-Secure

As the coronavirus restrictions continued to be eased, many employers will be considering what they will need to do in order to be Covid-secure when their employees return to the workplace.

Whilst the Government is not due to provide any formal guidance to employers until around a week before stage four of the UK roadmap, we have summarised what measures we anticipate that businesses will need to have in place to ensure the safety of their employees and that their workplaces are Covid-secure.

1. Carry out a COVID-19 risk assessment

All businesses have a statutory duty to provide a safe place of work and a duty of care to their employees or to anyone who visits their organisation’s premises (customers/clients, contractors, etc.).

Prior to any employer reopening its commercial premises, it should undertake a risk assessment in order to reduce any workplace Covid-19 risks to the lowest reasonably practicable level by taking preventative measures, following Health and Safety Executive (HSE) guidance when doing so. The risk assessment should principally focus on protecting employees who are clinically extremely vulnerable to Covid-19 and others who are vulnerable to the virus, e.g. pregnant workers.

In short, the HSE recommends carrying out the following five actions:

1. Identify the hazards and risks in the workplace;
2. Who could be harmed by those hazards and risks, and how;
3. Assess the risks and decide on the measures that could be implemented to reduce them;
4. Record these findings and then implement them; and
5. Review the risk assessment and update it as and when required.

When undertaking a risk assessment, it is advisable for businesses to refer to their relevant sector-specific guide contained in the Government’s guidance on ‘working safely during coronavirus’.

The assessments should take into consideration different groups of workers (e.g. vulnerable workers), who may potentially require alternative or additional health and safety measures. The overall purpose of a risk assessment is not to create large amounts of paperwork but to identify sensible measures to control the risks in the workplace.

Employers should have an open dialogue with their employees to understand their views on how to work safely when undertaking their assessments, addressing any anxieties that they may have. Employers must consult with a health and safety representative that has either been selected by a recognised trade union or their workers and if a business has over 50 workers, then they should share the results of the risk assessment on their website.

Employers may also want to consider providing additional training and support to their employees to ease their transition back into the workplace and potentially implement workplace Covid-19 testing.

2. Implement safety measures

Once the risk assessment has been carried it, businesses should implement measures to minimise the risks identified. Employers will need to take all reasonably practicable steps to reduce the risks. However, this does not mean that they have to eliminate the risks altogether (e.g. if it is not practicable for them to do so).

Measures that employers should currently be considering, include social distancing, PPE – including face coverings – and reviewing cleaning schedules.

When employers are implementing these measures, they should provide all employees with training and guidance to ensure that these practices and policies are adhered to. Businesses should also ensure any contractors or visitors to their premises are aware of these safety measures.

There should be clear processes in place which allow employees to raise any concerns they have about potentially unsafe practices in the workplace and how such concerns will be investigated and addressed.

Failure to undertake a risk assessment and/or implement the necessary safety measures could result in claims from employees, contractors, or visitors who allege that they have contracted Covid-19 or suffered an injury (for example, a stress-related illness) as a consequence. It could also result in employees refusing to come to work.

Businesses could be fined, or, for more serious breaches, face criminal prosecution for being in breach of health and safety legislation.

3. Reporting cases of Covid-19 amongst employees

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), Covid-19 is now a reportable disease. However, according to the HSE, businesses are only required to make a report under these Regulations when:

Comment

Employers should be mindful that the measures and advice may well change between now and when the Government releases its guidance to businesses prior to stage four of the roadmap, as there is set to be a review of social distancing measures, use of face coverings, and other long-term measures.

The Government is also considering whether to introduce Covid-status certification and what role it could play in reopening the UK economy, reducing restrictions on social contact, and improving overall safety. This may also have implications for employers.